Ashok Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35376 of 2015 Arising Out of PS.Case No. -15 Year- 2015 Thana -PARASBIGHA District- JEHANABAD ======================================================

1. Ashok Yadav, son Gauri Yadav

2. Nanhak Yadav, son of Shiv Nath Yadav, Both are residents of village Mustichak P.S. Parasbigha District Jehanabad. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Pranav Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-10-2015 Heard both sides.

The prayer for anticipatory bail of the petitioner no. 2, Nanhak Yadav, has already been dismissed as infructuous vide order dated 21.08.2015.

The petitioner no. 1, Ashok Yadav, apprehends his arrest in a case under Sections 272, 273 of the Indian Penal Code and Section 47(A) of the Excise Act.

The police raided a place situated on the bank of a river but no body was arrested. Dafadar and Chaukidar of the village disclosed the name of the petitioners and others but the petitioners and others managed to flee away. Nothing has been recovered from the possession of the petitioners. About 15 litres of country-made liquor is said to have been recovered from the place situated by the side of the river. Similarly situated co-accused,

Patna High Court Cr.Misc. No.35376 of 2015 (3) dt.30-10-2015 2/2 namely, Bhura Yadav @ Dhura Yadav, Pappu Yadav, Nagendra Yadav and Chhakauri Yadav have already been enlarged on anticipatory bail vide order dated 14.07.2015 passed in Cr. Misc. No. 25431/2015.

Considering the facts aforesaid, the petitioner no. 1, Ashok Yadav, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Jehanabad in Parasbigha P.S. Case No. 15/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T